Djungan People & Tablelands Regional Council Indigenous Land Use Agreement (ILUA)
|Date: ||16 September 2012|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Place:||Far North Queensland |
|The agreement area covers about 1845 sq km between the Mitchell and Walsh Rivers on the Tablelands approximately 29 km southwest of Mossman.
The Agreement area is located within the Tablelands Regional Council administration.
The ILUA is located within the Determination Area of Native Title made in the case of Archer on behalf of the Djungan People #1 v State of Queensland  FCA 801. |
|Legal Status: ||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 5 February 2012. This is an Indigenous Land Use Agreement under the Native Title Act 1993(Cth). |
|Legal Reference: ||National Native Title Tribunal File No.:QI2012/087 |
|Subject Matter:||Access | Local Government | Native Title | Native Title - Extinguishment|
|Summary Information: |
|The Djungan People & Tablelands Regional Council ILUA was agreed between:
- the Tablelands Regional Council;
- James Archer, George Archer, Walter Richards Snr, Kenneth Jackson, Lola Brown, Alfred Neal Snr, Percy Neal, Saul Burns Snr, Ernie Burns, Vincent Wason, Maxwell Underwood and Andrew
Garrett on their own behalf and on behalf of the Djungan People #1, #2 and #3 and Desmond Grainer, Vincent Wason, Hank Wason, Kenneth Wason, Lee Smallwood, Amelia McMurtrie and William Mossman on their own behalf and on behalf of the Djungan People #4; and
- the Nguddaboolgan Native Title Aboriginal Corporation
on 16 September 2012.
The purpose of the Body Corporate ILUA is to provide consent for a range of acts, whether or not they are 'future acts', regarding the parties consent to Low and High Impact Native Title activities. |
|Detailed Information: |
| Details of the Agreement
The National Native Title Tribunal Extract notes that the parties consent to any Activity which has a Low Native Title Impact - this consent is unconditional. The parties also consent, pending satisfaction of the conditions below, to High Impact Native Title activities. The Low Native Title Impact activities are defined in an attachment to the agreement.
The pre-conditions for High Impact Native Title activities include the following:
(a) That the local government:
(i) gives a Compliance Notices to the Native Title Party’s Representative; and
(ii) completes Consultation.
(b)Where the Activity involves a capital work dealt with at a Capital Works Forum, the Local Government:
(i) gives a list of capital works involving the Activity; and
(ii) consensus is reached about the Activity being carried out.
Where a condition applicable to a particular Future Act is satisfied, the parties consent to the particular Future Act.
The ILUA was registered on 2 February 2013. The ILUA took effect from the 16 September 2012. There is no end date specified in the extract.
The Extract specifies that Parts 1,2, 4 and 5 and clauses 30,31 and 32 of Part 3 of the Agreement takes effect on the Execution Date. All other clauses of Part 3 commence on the Registration Date.
Native Title Provisions
The Extract notes that the parties agree that the right to negotiate provisions of the Native Title Act 1993 do not apply, as the alternative consultation provisions are to be followed instead.
Background to the Agreement
The parties to the Agreement
The Djungan People are the native title holders of the area.
The Nguddaboolgan Native Title Aboriginal Corporation administers land owned by the Djungan People.
The Tablelands Regional Council is the local government authority for the area.
Native Title in the ILUA Area
Native Title has been previously recognised by a consent determination in favour of the Djungan People on 2 August 2012. The Federal Court recognised the Djungan People's rights to more than 182,000 hectares of land in North Queensland.
This included exclusive rights to possession, occupation, use and enjoyment over approximately 149,915ha in and around Mount Mulligan, west of Mareeba and non-exclusive camping, hunting and travel rights over an additional 33,058ha. The land includes Land Act reserves, pastoral leases and some leasehold and unallocated State Land. |